Slides in this set

Slide 1

Slide 2

The Literal RuleO This rule requires judges to give a the word/phrase its ordinary, dictionary meaning. As Lord Reid said, "... what is the natural and ordinary meaning of the of that word or phrase in its context in the statute."…read more

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The Literal RuleO Absurd Results: O Whitely v Chappell O Berriman - Under the Fatal Accidents Act a lookout had to be provided when the train track was being relayed and repaired. As Mr Berriman died while maintaining not relaying or repairing the track, Mrs Berriman was awarded no compensation.O On the other hand, application of the literal rule maintains Parliamentary sovereignty, and upholds them as the supreme law makers.…read more

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The Golden RuleO The Golden Rule is an extension of the literal rule, and allows judges to look at the literal meaning of a word/phrase, and then avoid using it if it would produce an absurd result.O It has two approaches: O Narrow Approach O Broad Approach…read more

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The Golden Rule ­ Narrow ApproachO Where a word or phrase is capable of more than one meaning, the court chooses that which would avoid an absurdity.O R v Allen ­ Under the OAPA 1861, "Whosoever, being married, shall marry another person... shall be guilty of a felony." So when the D claimed it was not possible, by definition, to marry twice, the court decided to use the golden rule to take the meaning of the word `marry' to mean go through a ceremony of marriage, making the offence possible.…read more

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The Golden Rule ­ Broad ApproachO Where a word has only one literal meaning, although application of it would result in absurdity, the court can modify the meaning of the wordO Adler v George ­ Official Secrets Act 1920, a defendant was charged with obstructing a member of the armed forces `...in the vicinity of a prohibited place'. As the D was actually in the place, taking the words literal meaning would give an absurd result, so the meaning was modfied.…read more